Small victory for jail deputy attackers

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When an off-duty rookie San Leandro police officer shot and killed an alleged gang member in 2007, two fellow gang members in custody decided to avenge the death by attacking an Alameda County sheriff’s deputy at Santa Rita Jail in Dublin that same day.

Alleged Hayward gang members William Delgadillo and Wendell Kris Laupati were convicted of assault on a peace officer and were sentenced to 18 years and 20 years in prison, respectively. But they appealed and, on Thursday, a state court “conditionally reversed” their sentences on procedural grounds, meaning they could have time shaved from their prison terms.

The case began on June 20, 2007 when Hayward police tried to pull over alleged gang member Lotu Elika, 24, for driving erratically. The officers lost Elika, who then went to a home on the 22000 block of Fuller Avenue — apparently at random — and knocked on the door about 4:30 p.m.

Problem was, the home belonged to the parents of San Leandro police Officer Ali Khan, who was visiting with his 7-month-old son. Khan opened the door while cradling his son in his arms, and Elika burst in, police say. The off-duty officer got into a fight with Elika and shot and killed him in self-defense, according to prosecutors.

That evening, Laupati, while in jail, heard about the shooting death of Elika, whom he considered to be his cousin (although they may not actually be related). Laupati told Delgadillo, his cellmate, that he planned to attack a sheriff’s deputy in revenge. At 10:30 that night, the two left a bag of chips outside their cell door. When sheriff’s Deputy Glenn Tafolla approached, Laupati motioned to the bag, and the deputy opened their door.

The inmates punched and kicked Tafolla and tried to throw him over a second-floor railing, according to the case presented by Deputy District Attorney Christy Bowles. A second deputy arrived and stopped the attack. Tafolla suffered a split lip and injuries to his knee and shoulder.

The jury convicted the two of assault after deadlocking on a charge of attempted murder. In their appeal, the men cited procedural errors and problems with calculating their sentences. A three-judge panel of the First District Court of Appeal in San Francisco agreed with the men,sending the case back to the trial court for further investigation.